PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           23 July 2002                   
	DOCKET NUMBER:   AR2002067607

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Gail J. Wire		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his record be corrected to show that he was awarded the Good Conduct Medal (GCM) and that the one-day of lost time shown on his DD Form 214 be removed.

3.  The applicant states that he was late for hospital bed check when returning from convalescent leave, which resulted in the one-day of lost time being shown on his DD Form 214, Report of Separation.  He believes that were it not for the one-day of lost time, he would have received the GCM.  In support of his request, he submits a copy of his DD Form 214, and a personal statement describing the circumstances of the one-day lost time.

4.  The applicant’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein has been derived from documents furnished by the applicant.

5.  The applicant’s DD Form 214 shows that he enlisted in the Regular Army for 3 years on 4 August 1948, and was extended for one additional year because of the Korean War.  He served an approximate 5-month tour of duty in Korea with the 329th Communications Reconnaissance Company, and was honorably discharged to the US Army Reserve on 13 June 1952, in the rank of sergeant.  His awards include the Korean Service Medal with 1 bronze service star and the United Nations Service Medal.

6.  The DD Form 214 shows, in block 38 (remarks), the annotation “One day lost under Sec 6a App 2b MCM 1951.”  That section of the Manual for Courts-Martial (MCM), provides that any soldier who is absent without authority for one day or more, shall be liable to serve sufficient time to make up for the lost time.

7.  The applicant claims that the one-day of lost time he incurred was a result of returning late from convalescent leave for which he was “docked” a day’s pay. Because of the lost time, he did not qualify for the GCM.  There are no records available from which to determine the basis for his one-day of lost time.

8.  Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the GCM is awarded on a selective basis to soldiers who distinguish themselves from among their fellow soldiers by their exemplary conduct, efficiency and fidelity throughout a specified period of continuous enlisted active Federal military service, normally 3 years. 

9.  The same regulation provides that the National Defense Service Medal (NDSM) will be awarded for honorable active service for any period between 27 June 1950 and 27 July 1954.

10.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register, shows that the applicant’s unit in Korea, the 329th Communications Reconnaissance Company, was awarded the Meritorious Unit Commendation (MUC) for the period 6 December 1951 to 27 July 1953, and the Republic of Korea Presidential Unit Citation.

11.  On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin.  The medal is provided at no cost to veterans.  

CONCLUSIONS:

1.  Without the applicant’s military records, it is not possible to corroborate the events that he says resulted in his one-day of lost time; thus, it is not possible to remove the lost time from his separation document.  However, it should be noted, that a day of lost time, in and of itself, does not necessarily bar award of the GCM.  

2.  In this case, the available information reflects that the applicant served with a unit in a combat environment and apparently performed his duties during the period of his active service well enough to warrant promotion to sergeant.  Therefore, it would be appropriate to award him the GCM for his initial 36 months of active service from 4 August 1948 to 3 August 1951 as provided for by Army regulation.   Likewise, to correct the other awards omissions found on his separation document, it would be proper to add to the document the MUC, the NDSM and the Republic of Korea Presidential Unit Citation.

3.  The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin.  To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is being provided to the applicant.  Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her 
DD Form 214

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was awarded the GCM for the period 4 August 1948 to 3 August 1951; and 

	b.  showing that he was also awarded the MUC, the NDSM and the Republic of Korea Presidential Unit Citation.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__GJW__  ____HOF  ___JLP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Jennifer L. Prater__
		        CHAIRPERSON

INDEX

CASE ID	AR2002067607	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020723	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.